These Terms and Conditions (“T&Cs”) are part of your service agreement with iTalk Mobile Corporation, including its affiliates, assigns, and agents (“iTalk Mobile,” “we” “us” or “our”) and constitute a contract under which we provide you Service under terms and conditions that you accept. Your service agreement with us includes (i) these T&Cs, (ii) any subscriber agreement or transaction materials that you sign or accept, (iii) the service plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding plan charges and number of minutes included in your service plan), (iv) any confirmation materials that we may provide to you, and(v) any other supplemental terms and conditions that we provide or otherwise make available to you. The T&Cs for the Service are subject to change. For most current version, please visit our website at https://www.italkbb.com/us/chs/terms-conditions.html.
Please read these T&Cs carefully. They cover important information about our services provided to you (“Service”); your phone, handset, device, SIM card, data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, taxes, fees and other charges we bill you or that were accepted or processed through your Device (“Charges”). These T&Cs include fees for terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.
You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you.
YOUR AGREEMENT WITH ITALK MOBILE STARTS WHEN YOU ACCEPT. You represent that you are at least eighteen (18) years old and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) paying for the Service or an “iTalk Mobile Device” (a Device purchased from iTalk Mobile, an iTalk Mobile dealer, or other iTalk Mobile authorized retailer (“Dealer”)); (e) opening the iTalk Mobile SIM card package or (f) opening the iTalk Mobile SIM card package or failing to activate Service within thirty (30) days after the purchase of your iTalk Mobile Service including the SIM card. IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.
ITALK MOBILE AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to Service or Devices provided or billed to you (such as our suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding. iTalk Mobile and you each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in the Choice of Law Section). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE WHEN YOU ACTIVATED A NEW LINE OF SERVICE (the “Opt Out Deadline”). Your Service is activated six (6) days from the shipping date or the day of your first use, whichever occurs first (Activation) (See Bundled Products/Services Purchases below regarding alternative “Activation” date). You must opt out by the Opt Out Deadline for each line of Service. You may opt out of these arbitration procedures by calling 1-855-482-5566. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address set forth in the Notices and Customer Communications Section below. iTalk Mobile and you each agree to negotiate your claim in good faith. If iTalk Mobile and you are unable to resolve the claim within sixty (60) days after iTalk Mobile receives your claim description, you may pursue your claim in arbitration. iTalk Mobile and you each agree that if you fail to timely pay amounts due, iTalk Mobile may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see the Notices and Customer Communications Section) to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims of less than Seventy-five Thousand Dollars ($75,000.00), the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over Seventy-five Thousand Dollars ($75,000.00), the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, iTalk Mobile and you will share equally all filing, administration and arbitrator fees for claims that total less than Seventy-five Thousand Dollars ($75,000.00). For claims that total more than Seventy-five Thousand Dollars ($75,000.00), the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
CLASS ACTION WAIVER. ITALK MOBILE AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against iTalk Mobile.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, ITALK MOBILE AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
You may cancel any pre-paid Service plan that you purchase from us at any time; provided that you will not receive any refund of amounts paid to us in connection with such Service plan for any service periods up to and including the service period in which you cancel the Service. To avoid charges for the next billing cycle, you must cancel the Service 48 hours before the due date.
This provision is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES WHEN WE SEND THEM TO YOU OR POST THEM ON OUR INTERNET WEBSITE.
You must use a supported, compatible Device to access the iTalk Mobile network. Failure to use a supported, compatible Device when accessing our Network will result in termination of your Service.
Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.
When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. iTalk Mobile is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our network supplier’s wireless network, the street address you have provided us as your primary use location (“Primary Address”), or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and neither iTalk Mobile nor its network supplier determines the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available.
You agree to pay all Charges we bill you or that were accepted or processed through your Device. For disputed Charges, see the Dispute Resolution and Arbitration Section. You agree to provide us with accurate and complete billing information and to report all changes within thirty (30) days of the change. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the network begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up). You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as call forwarding, call waiting, voicemail, conference calling, and multi-party messaging). Most usage and Charges incurred during a billing cycle will be included in your bill for that cycle. Some usage and Charges may be delayed to a later billing cycle, which may cause you to exceed service plan allotments in a later billing cycle. Unused service plan allotments expire at the end of your billing cycle unless otherwise stated in your service plan. Airtime usage applies to all calls processed through your Device, including toll-free, operator-assisted, voice mail, call forwarding and calling card calls. You may be billed additional Charges or fees for certain features and services such as operator or directory assistance, data calls or transfers, messaging, Internet access and applications.
Data Usage and Messaging. Data usage is rounded up to the next full-kilobyte increment at the end of each data session. At the end of your billing cycle, or at the time you switch data plans, your total kilobytes are then rounded up to the next megabyte. There are 1,024 kilobytes in one megabyte, and 1,024 megabytes in one gigabyte. You will be charged for text, instant or picture messages and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.
If Customer purchases iTalk Mobile Services and one or more other iTalk Mobile products/services (or products/services sold by iTalk Mobile) WITHIN A 24 HOUR PERIOD, the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.
For all products/services in a Bundled Purchase, the Trial Period, if applicable, will commence on the Activation Date for the Bundled Purchase as described in the immediately preceding paragraph.
Master and Sub Accounts. When a Customer purchases any iTalk Mobile product/service (or product/service sold by iTalk Mobile), a Master Account will be established for that Customer. If the Customer purchases additional iTalk Mobile products/services a Sub Account will be established for each separate products/services.
You will be charged for data usage on a pay per use basis unless you are required to maintain a data plan (“Data Plan”) as part of your Service, or as otherwise provided by your service plan or prepaid data pass.
Permissible and Prohibited Uses. Your Data Plan is intended for web browsing, messaging, and similar activities on your Device. Examples of prohibited uses can be found in the Misuse of Service or Device Section.
Data Usage Level. iTalk Mobile has set a high-speed data usage level (“Usage Level”) for each of its customers. Such Usage Level varies based on the service plan you have selected, we measure your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over your service period (“Usage Total”), exceeds the Usage Level for the service plan you selected. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded. For example, if you request that an image to be downloaded to your Device, but travel outside of your network coverage area before the download is complete; such request will be included in your Actual Usage even though the image was never downloaded to your Device. If you exceed your service plan Usage Level, iTalk Mobile and its underlying providers will reduce the speed at which you can send and receive data over the iTalk Mobile network until the end of the applicable service period. Once you begin a new service period, your service plan Usage Level will be reset and your upload and download speed will be restored. For example, if a customer purchases a service plan that includes unlimited data service, but only includes up to 1 gigabyte of high speed data service during a given month, then the first gigabyte of data requested by that customer in that month will provided at up to 4G speeds (subject to 4G network availability). Any data uploaded or downloaded by that customer in excess of 1 gigabyte will be provided at speeds of 128 kbps or less. Please be aware that your Usage Level is much more likely to exceed your service plan Usage Level if you use peer-to-peer file sharing programs, a webcam, or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.
Protective Measures. To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity and sizing video more appropriately for a Device to transmit data files more efficiently. These practices are agnostic to the content itself and to the websites that provide it. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on your Device.
Downloadable Content and Applications. Content or Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”) that you can purchase with your Device are not sold by iTalk Mobile. iTalk Mobile is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third party seller. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms between you and third parties. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional Charges, for example, while roaming internationally. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. iTalk Mobile is not responsible for any third party content, advertisements, or websites you may be able to access using your Device.
Use of Information. Please refer to iTalk Mobile’s Privacy Policy, as well as the Content & Apps creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.
Data Rollover. Unused data from the monthly plan allotment rounds up to the nearest MB and may carries over for the time specified in your plan(“Rollover Data”) for certain qualified plans. Unused Rollover Data automatically expires with any plan change (such as changing data amounts or termination). Rollover Data is always consumed last, after your other data allowances. Unused Rollover Data is not redeemable for cash or credit and is not transferable including to other lines on your account.
Roaming. Your Device may connect to another provider's network (“Off-Net”) even when you are within the iTalk Mobile coverage area if you have a qualified service plan. Check your Device to determine if you are Off-Net. There may be extra Charges (including long distance, tolls, data usage) and higher rates for Off-Net usage, depending on your service plan, and your quality and availability of service may vary significantly. You must use your Device predominantly within the iTalk Mobile owned (or iTalk Mobile supplier owned) network coverage area. If your Off-Net domestic voice usage, data usage or messaging usage exceeds your service plan allotment, you will be alerted and your access to Off-Net coverage may be suspended or denied. We may also limit or terminate your Service in our discretion and without prior notice if you no longer reside in a iTalk-Mobile network coverage area, if more than fifty percent (50%) of your voice and/or data usage is Off-Net for any three (3) billing cycles within any twelve (12) month period, if your Off-Net usage makes it uneconomical for iTalk Mobile to provide Service to you, or if related to iTalk Mobile’s or its network supplier’s arrangements with an Off-Net provider.
International Roaming & Dialing. International roaming and dialing are available with some service plans and on some Devices and may require an additional feature on your account. Whether roaming internationally or making and sending international calls and messages while in the U.S. you will be charged international rates (including for voicemails left for you and for data usage). This includes per minute rates for calls and, while roaming internationally, per minute rates for calls transferred to your voicemail and the relevant data rates for data usage. You may be charged for more than one call for unanswered calls that are forwarded to voicemail regardless of whether the calls result in an actual voicemail message being left for you and regardless of whether your phone is on or off. Some Devices and applications may incur usage and Charges while roaming. You may be able to disable these applications and features through your Device settings. Different rates and rounding increments apply in different countries. While roaming internationally, your data throughput may be reduced and your Service may be otherwise limited or terminated at any time without notice.
Taxes and Fees. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to taxes and fees. To determine taxes and fees, we will use the street address you identified as your Place of Primary Use (“PPU”). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.
Surcharges. You agree to pay all Surcharges. Surcharges are not mandated by law, they are iTalk Mobile Charges that are collected and retained by iTalk Mobile. The components and amounts of these Charges are subject to change without notice. Surcharges include, but are not limited to, charges, costs, fees and certain taxes iTalk Mobile incurs to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related Surcharges (such as Federal or State Universal Service fees, regulatory fees, and gross receipts taxes). Surcharges will apply whether or not you benefit from the programs, activities or services included in the Surcharge.
If we do not receive payment in full by the due date on your bill, your account will be suspended and you may be charged a late fee of the greater of one and one-half percent (1.5%) per month (eighteen percent (18%) annually) or Five Dollars ($5.00) per month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.
Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within sixty (60) days after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see the Dispute Resolution and Arbitration Section above. To contact or notify us, see the Notices and Customer Communications Section.
You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address you provide to us or that we provide to you. You agree that iTalk Mobile may contact you in any way, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, or e-mail messages delivered by an automatic e-mailing system. Notices from us to you are considered delivered when we send them to your Device by text message or otherwise, or by email or fax to any email or fax number you provided to us, or three (3) days after mailing to your billing address. For multi-line accounts, a “Primary Telephone Number” may be assigned to your account for the purpose of receiving notices from us, as well as for other purposes. If you would like to designate a Primary Telephone Number, please contact iTalk Mobile.
You may contact our customer service department at support@italkmobile.com or by 1-855-482-5566. Our address is 7926 Jones Branch Drive, Ste 1100, McLean VA 22102.
You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your service plan Charges, and applicable taxes, fees and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred and applicable taxes and fees. We may prevent a lost or stolen Device from registering on any network. California customers: For Charges incurred before you notify us, you are not liable for Charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the Charges.
By activating or renewing Service with iTalk Mobile, you agree that you do so because you want Service from iTalk Mobile and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with or modifying your iTalk Mobile Device; (e) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling iTalk Mobile Devices for profit, or tampering with, reprogramming or altering iTalk Mobile Devices for the purpose of reselling the iTalk Mobile Device; (g) using the Service in connection with server devices or host computer applications, including continuous web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (h) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, iTalk Mobile’s or another entity’s network or systems; (i) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a service plan for web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); or (j) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms iTalk Mobile, which cannot be fully redressed by money damages, and that iTalk Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.
WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any billing or credit limitation on your account (even if we have not yet billed the Charges); (c) provides inaccurate information or credit information we cannot verify; (d) lives in an area where we do not provide Service, more than fifty percent (50%) of your voice and/or data usage is Off-Net for any three (3) billing cycles within any twelve (12) month period, your Off-Net usage makes it uneconomical for iTalk Mobile to provide Service to you, or relating to iTalk Mobile’s or its network supplier’s arrangements with an Off-Net provider (see the Roaming and International Calling Section); (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (g) misuses your Service or Device as described in the Misuse of Service or Device Section above; (h) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee.
You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of iTalk Mobile or any third party. Except for a limited license to use the Services, your purchase of Services and iTalk Mobile Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of iTalk Mobile or others related to the Services and iTalk Mobile Devices; this intellectual property may be used only with iTalk Mobile Service unless expressly authorized by iTalk Mobile. You agree that a violation of this section harms iTalk Mobile, which cannot be fully redressed by money damages, and that iTalk Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.
Our Privacy Policy governs how we collect and use information related to your use of our Service and is available online at www.italkbb.com/us/en/contact/others/privacy.html. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our supplier’s network servers.
EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.
UNLESS PROHIBITED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.
You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.
A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in the Dispute Resolution Section, if any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between iTalk Mobile and you and defines all of the rights you have with respect to your Service or iTalk Mobile Device, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; iTalk Mobile is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Every Section excluding the Acceptance, Our Rights to Make Changes, Service Availability, Important Emergency and 9-1-1 Information and Emergency Alerts, Our Rights to Limit or End Service or the Agreement, and Additional Terms Applicable to Post-Paid Plans of this Agreement continue after termination of our Agreement with you.
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of Texas, without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state in which your billing address in our records is located, but not outside the U.S. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
Term of Service. Unless otherwise specified in your plan, you are a month to month customer. If you terminate your Service, your termination will be effective at the end of your current billing cycle, and you will remain responsible for all fees and Charges for Service and usage through the end of that billing cycle. If we terminate your Service for violating this T&C, we will determine the date of termination, and you will be responsible for all usage and Charges through the end of your billing cycle. You can request that we port your number to another carrier, and Service for that number will be terminated when the porting is complete (provided, however, that we make no guarantee that we can port your number to another carrier). If you port your number, you will be responsible for all usage and Charges through the end of your current billing cycle.
Changes to Your Service. You may be unable to change your service plan, including services and features associated with your service plan. For specific information about changing your service plan, including migration fee details, call iTalk Mobile.
Third-Party Service Provider Billing. Your Device can be used to purchase services and products from third-party providers (e.g., games, apps, ringtones, etc.) and Charges for these purchases may be included on your iTalk Mobile bill, or they may be billed to you directly by a third party.
Credit Checks. You authorize us to obtain information about your credit history from credit-reporting agencies at any time. You understand that a credit inquiry could adversely affect your credit rating. You authorize us to report your payment record to credit-reporting agencies.
Service Cancellation for Material Alterations of Agreement. IN THE EVENT WE CHANGE ANY OF THE TERMS OF THE AGREEMENT AS PROVIDED IN OUR RIGHT TO MAKE CHANGES SECTION ABOVE, YOU MAY CANCEL THE AFFECTED LINE OF SERVICE IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST THIRTY (30) DAYS’ NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN FOURTEEN (14) DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
Device Refunds and Restocking Fees. For iTalk Mobile Device and accessory returns and exchanges, see the applicable return policy, which is available at your place of purchase. Some iTalk Mobile Devices and accessories may not be refunded or exchanged and you may be required to pay a restocking fee.